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    • so the only paperwork you have to date is one letter from lowells saying you have a CCJ? or you've now found the claimform in the 7week of mail you got home too?   are you saying that from the date of the court claim in the 6yrs prior to it you never paid Lloyds or anyone a penny on this debt?          
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    • Name of the Claimant ? Lowell Portfolio Date of issue  23 Jan 2020       Particulars of Claim   What is the claim for – the reason they have issued the claim?  1) the defendant entered into an agreement with capital one credit card which was regulated by the consumer credit act 1974 under reference  546**********358 on 25/09/2015 2) In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated. 3) The agreement was later assigned to the claimant on 21/02/2019 and written notice given to the defendant. 4)despite repeated requests for payment the sum of £2300 remains due and outstanding.And the claimant claims a)The said sum of £2300 b)intrest pursuant to s69 count courts act1984 at the rate of 8% per anum from the date of assignmentto the date of issue , accruing at a daily date of £0.51, but limited to one year,being £173 c) costs   What is the total value of the claim? £2700 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC  no Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? We moved to this address July 2018   Did you inform the claimant of your change of address? no   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? C Card   When did you enter into the original agreement before or after April 2007 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ? internet   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no   Why did you cease payments? illness   What was the date of your last payment? 2015   Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Trudy B

Order for Sale Threat

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Looking for some ideas on what to do next if anyone can help?

 

Had a loan and couldn’t pay so offered £1 pm as it was all I can afford. Agreement was pukka. Didn’t know how to fight it and they got a CCJ, offered £1 pm again and immediately went for a charging order. CCCS said all would be OK – yeah right! So this is a now 2nd charge. Now they say if I don’t offer them more they will get an order of sale.

 

Thing is the house is already mortgaged up to the hilt, there is £25,000 negative equity plus all the costs that they would have in selling so if they did go back to court and get the order to sell it and flogged it off they’d get nothing cos the first charge mortgage wouldn’t be covered and there would be a massive shortfall.

 

I can’t offer them more than £1pm as I don’t earn enough. I already have other CCJ’s courtesy of listening to the CCCS which I am paying £1pm and the amounts on those CCJ’s are more than this one.

 

Any ideas on what I should write and tell them? Or should I go straight back to the court and get them to make them accept £1 pm?

 

Bit of a mess - What to do?

 

T :):(:)

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You'll need to oppose the Order for Sale.

 

Have a look at the links below for some pointers -

 

Insolvency Helpline

National Debtline

 

 

please can you just clear something up for me -

 

Are the charges on the house relating to different loans or is the situation that the loan company have a Charging Order and are now looking to get an Order of Sale ?


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi Supasnooper

Thanks for those – some of it I understand, some I don’t.

To clarify there are 2 charges in total on the property :-

1) the main mortgage

2) a personal loan which they have now turned into a charge via the court

Is there a sample letter or wording somewhere where I can write to the sols and say I can only offer £1 and no more. If you go for an order for sale there will be no money for you as the negative equity means the first charge mortgage will not be paid let alone you and your clients? .. and of course any other law or proper wording I can quote use? they already know I have no money, they are using bullying tactics.

Surely by going for an order for sale they are not acting very well for their clients as it will not recover any money for them?

Also is there a form or something somewhere that I can use to go back to the court effectively saying I keep offering £1pm and perhaps where you put in a financial statement form etc - varying the payment or something?

All help appreciated!

T :)

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teeny bump

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Unfortunately I do not know of a template letter that meets your needs.

 

INMHO, You will have to attend the Court hearing and you will have to oppose the Order Of Sale by using the arguments/points offered in the links about Charging Orders I posted earlier.

 

Whilst you are correct in your statement about the clients not getting their money, it will be secured against your property and if a sale is forced upon you..........were will you live ?

 

I would also advise getting an income\expenditure sheet completed so that you can show the Judge your financial situation......it is the Judge who decides what happens.

 

Ask CCCS to send you an updated Income\Expenditure sheet to show the Judge that -

 

i/ You are trying to pay your debts.

 

ii/ You simply cannot afford an increase in payments.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Supasnooper

 

Thanks for yoru help today.

 

The court hearings for the charges have been and gone - now they have the charging order they are putting the screws on to get money out of me that i simply don't have. That's why i am after some info to try again and get the judge or someone to agree to £1 pm

 

I am not keen on going back to the CCCS - it was them who said oh it'll be fine, they very rarely go for order of sale and other stuff and the reason why I have other CCJ's which i now know i could have easily fought due to lack of properly executed CCA contracts.

 

Does anyone else have any other info or suggestions please?

 

T :)

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Another way to fight the problem that the Charging Order is to look into applying to get the CCJ set aside that caused the Charging Order to be attached .

 

Have a look at the links below -

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

 

There may be something there that may help.

 

You may wish to contact the CAB to get an appointment to speak to one of their legal advisors as well.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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